Erwin v. Bryan

{¶ 1} Civ.R. 15(D) provides that when a plaintiff does not know the name of a defendant, the defendant may be designated in a complaint by any name and description. It also provides, however, that a plaintiff must aver in the complaint that the name of the defendant could not be discovered, that the summons issued must contain the words “name unknown,” and that a copy of the summons must be personally served on the defendant.

{¶ 2} Civ.R. 15(D) cannot be used to prosecute this action against William V. Swoger, D.O., and his professional corporation, Union Internal Medicine Specialties, Inc.…